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Query asked by Duraiswamy R on January 27, 2021

Re: Rejection of rectification request

In a case, an assessment was made denying the exemption under section 54 claimed by the assessee on the ground that the new residential property constructed was used for commercial purposes though initial approval was given by the Corporation for residential unit. While completing the assessment the A.O. did not allow any deduction for cost of acquisition (CoA) on the ground that it was not claimed in the return though in the course of the hearing request was made in writing to allow the CoA. Both appeal and rectification application was filed. The A.O. after nearly 10 months rejected the rectification application. Can VSV application be filed with the request to allow payment of tax only on the amount payable after CoA which is allowable under the law? Can the Designated Authority direct the A.O. to compute the tax after deduction of CoA?

If the assessee desires  to settle the issue the tax has to be paid on the quantum of addition disputed in the appeal memo . The Designated   Authority has no power to issue any direction to the Assessing Officer. The assessee may have to file an appeal before the CIT (A) against the rejection of application u/s 154 of the Act


 

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